Intellectual Property Protection Policy
To report intellectual property infringement, please read the following IBI-PDE HQ Intellectual Property Protection Policy and complete and sign the relevant form.
1. Intellectual Property Protection Policy and Alleged Infringement
1.1 This document outlines the policy (the "Policy") for notification of alleged infringement of intellectual property rights ("IPR") by visitors and users ("Users") of IBI-PDE HQ's websites regarding material available on IBI-PDE HQ's websites or servers.
1.2 IBI-PDE HQ is not an arbitrator or judge. In enforcing any action initiated by the User with respect to Intellectual Property Rights, IBI-PDE HQ does not intend to make any decision as to the validity and existence of such Intellectual Property Rights.
2. Our Treatment of Alleged Infringement
2.1 The owner of the intellectual property rights or his/her agent(“Complainant”) may (and at the request of IBI-PDE HQ) notify IBI-PDE HQ of the alleged infringement by completing and signing a Notice of Intellectual Property Rights Complaint in the form shown in Attachment 1.
2.2 IBI-PDE HQ reserves the right to amend the Procedure from time to time.
2.3 IBI-PDE HQ reserves the right to refrain from taking any further action with respect to the alleged infringement if the Complainant fails to submit a Notice of IPR Complaint as set forth in Attachment 1, or if the Notice of Complaint is insufficient or incomplete, and/or if the Relevant Information (as defined in Article 3.1 below) is not provided as required or is insufficient or incomplete.
3. Relevant information
3.1 The Complainant shall provide IBI-PDE HQ with all necessary documents and other relevant information relating to the alleged infringement;
3.1.1 Proof of Complainant's ownership of the intellectual property rights relied upon and allegedly infringed.
In the case of copyrights, this shall include, where applicable: a certificate of registration, together with proof of originality, first publication and the Complainant's ownership of the copyright in question.
In the case of trademark rights, this will include, where applicable, certificates of trademark registration and other relevant documents relating to trademark rights issued by the relevant competent authority.
In the case of "Patent Rights", this shall include, where applicable, certificates of grant of the relevant "Patent Rights" (including all relevant claims, specifications and drawings) and other relevant reports issued by the relevant authorities in the relevant territory (as defined in Article 4 below).
In the case of Registered Design Rights, this will include, where applicable: a Design Registration Certificate issued by the relevant authority in the relevant territory (as defined in Article 4 below) in respect of the Registered Design Rights.
Any other evidence that IBI-PDE HQ may require depends on the specific facts and circumstances of the case. For the avoidance of doubt, the Global Sources shall have sole and absolute discretion to determine what constitutes appropriate evidence of the Complainant's ownership of the relevant IPR.
3.1.2 Evidence of the infringement complained of in the IPR Notice of Complaint, including, but not limited to, web addresses/links, photographs, samples, brochures, sales contracts and invoices relating to the allegedly infringing material or activity.
3.1.3 Any final court or arbitration judgment, order, decision or award relating to the alleged infringer ("Alleged Infringer"), or any binding settlement with the alleged infringer, and/or any other legally valid and binding evidence that the material in question or the activity in question infringes the IPRs of the Complainant.
3.1.4 Other relevant documents and information as may be requested by IBI-PDE HQ.
3.2 The notice of IPR Complaint and all supporting documentation may be disclosed to the Respondent;
3.3 IBI-PDE HQ reserves the right to disclose any information contained in the IPR Notice of Complaint, or any related information or other supporting documents and information provided, where IBI-PDE HQ believes that disclosure is required by any law or regulation, or for the purpose of cooperating with regulatory or law enforcement authorities, or for the protection or enforcement of IBI-PDE HQ's rights and/or interests.
4. Disclaimer and Indemnification
4.1 IBI-PDE HQ has no right or obligation to verify the identity of each Complainant who submits a Notice of Intellectual Property Complaint, the subject matter of the complaint, or the source of the allegedly infringing material.
4.2 By submitting an IPR complaint notice and requesting IBI-PDE HQ to take action based on this policy regarding alleged infringement, each complainant who submits an intellectual property complaint notice agrees to indemnify IBI-PDE HQ and its agents, representatives, contractors, directors, senior officers, and employees (and their legal and other advisors and consultants) (collectively, the "IBI-PDE HQ Indemnified Parties") from and against any and all claims, liabilities, losses, damages, costs, and expenses (including legal fees and expenses) of any nature whatsoever, and to defend and fully compensate them.
Annex 1 Intellectual Property Complaint Notice
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